Name: Shahariyar Yousuf – 179676030 Course Code: ADMN 3137

CASE STUDY # 2

1. What are the concerns about Joe phoning his friend at Frank’s
current employer?
This call can be a direct breach of the hiring policy which Frank might be a part of
when he must have signed up with his previous employer. Owing to competition
normally companies make “moving to competition” a direct breach of their hiring
policy and therefore such a move is highly unappreciated amongst the industries.
Moreover instead of having to call up the HR department directly the question lies
that why did Joe call up his friend which is also a hiring policy breach and should be
avoided at all times.

2. What are the potential consequences of Joe calling Frank’s colleagues

to ask about him?
As stated, earlier companies in highly competitive industries always keep a clause
where “moving to competition” is considered a direct breach of policies and thus is not
appreciated much. This ultimately led towards Frank’s termination as he breached the
company’s competition policy. Moreover, another consequence could possibly be
having a incorrect reference through Frank’s colleague who himself / herself might be
looking forward to join the same firm. In this case approaching a previous employer
should be taken very carefully or the recruit might be informed before the call is made.

3. Are there any privacy or consent laws that your organization needs to
follow when recruiting? Do these laws apply to Frank’s situation?
Absolutely, companies who are the hiring organization shall always be careful who to
reach out to or how to contact them in regard to having to hire a new employee. And
yes, these laws will definitely apply in terms of Frank’s case. Since Frank is making
the move from a close competition special care should be taken in terms of how the
previous employer shall be reached.

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Name: Shahariyar Yousuf – 179676030 Course Code: ADMN 3137

4. What would you advise Joe to do in this situation?

In this case I will rather ask Joe to call back the Frank’s previous employer and advise
him that the questioning was only being done in order to check him as a reference for
someone else. All Joe had to see that Frank was working in the organization and was
in good standing with the employer as his qualification and credibility always spoke
about his standing in the industry and therefore did not require second confirmation
at all.

5. What would you do with Frank? Is there any restitution?

In this regards Frank can only be requested to be calmed down. One thing that has
definitely gone out of control here is Frank’s reputation with the previous employer and
possibly in the industry as people will speak. Moreover Frank will need to be hired as the
position is available for them and also he is a requirement in the current market scenario.
Since the recruitment is in the last phase anyways, one final reference check will not hurt
the decision much. Yes there will be restitution on behalf of the organization as they were
unable to keep the background / reference check in secrecy / private / confidential.

6. What if your company decided at the last minute not to make an offer
to Frank? Would there by any recourse for him? Would there be any
liability on part of your organization?
In case the company decides not to hire Frank, then there shall be grave consequences
for the organization as Frank can take the company to court under having to not
properly comply to the reference check clauses. Yes, the company in case they don’t
hire Frank, will have to compensate Frank in every possible way either by hiring him
or paying him compensation for their mistake. One of the recourses for Frank can
possibly be getting back to the old employer and informing them that the reference /
background check was not done officially and hence can not be the final judgment on
behalf of the organization that he was moving to his competition. Moreover Frank can
also mention that this irregular / unofficial background check can be a decoy in order
to bring both the business and Frank, bad reputation.

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